Alarming new study on torture in Sri Lanka

Download the study here

The Study on the prevalence, determinants and causes of torture and other forms of cruel, inhuman or degrading treatment or punishment (CIDTP) in Sri Lanka gives a comprehensive breakdown of the legal and institutional set-up in Sri Lanka and analyses whether the system lives up to international standards. Further, the Study seeks to analyse how this legal and institutional framework functions in practice in order to identify possible gaps in the system that may lead to the occurrence of torture and CIDTP. The study also offers a list of specific recommendations on how to reform the police, the prisons and oversight bodies.

The study stresses that there are well-documented allegations of wide-spread torture by law enforcement personnel as part of an established routine in Sri Lanka. Torture has been criminalised in the CAT Act, but the Act does not live up to Sri Lanka's obligations under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (referred to as UNCAT). The deterrent effect of the criminalisation of torture is minimal as there have only been three convictions since 1994 and because allegedly offending police officers are not removed from office during or after trial. In addition, there is a fundamental lack of separation of powers and political interference from the Executive with otherwise independent institutions which has lead to politically motivated decisions and lack of accountability for human rights violations, including torture.

The study also concludes that basic legal guarantees are increasingly under pressure in national legislation and have been considerably weakened in emergency law regulations. Very few of these legal safeguards are upheld in practice, including the right of information as to the reasons for arrest, the right to legal representation, the 24 hour time-limit for a judicial hearing after arrest. There are also cases of intimidation of the victims and witnesses and there are extreme time delays in forwarding indictments and during trial. The lack of these basic safeguards is a contributing factor to torture and CIDTP.

An increased militarisation of the police is resulting in an increased level of torture and CIDTP and the lack of accountability. The lack of disciplinary action against law enforcement officials remains as one of the main attributing factors to torture and CIDTP. There is no functioning independent system dealing with complaints of torture and CIDTP committed by law enforcement officials resulting in impunity and lack of accountability.

Throughout the public sector there is a fundamental lack of resources, including lack of infrastructure, personnel and proper investigative equipment. Sub-standard conditions in places of detention, including severe overcrowding, lack of sanitation, food and drinking water as well as medical treatment amounts to CIDTP or even torture.

For more information, please contact:

Legal Advisor Dorrit Ree Akselbo